La. Admin. Code tit. 46 § LXII-101

Current through Register Vol. 50, No. 11, November 20, 2024
Section LXII-101 - Definitions

A. The words and phrases defined in R.S. 37:711.2 and as referenced below shall apply to these rules. In addition, the following words and phrases when used in this Chapter shall have the inferred meanings, unless the context clearly requires otherwise.

Accredited Institutions or Programs-an institution or program which holds accreditation or candidacy status from an accreditation organization recognized by the Council for Higher Education Accreditation (CHEA) or other appropriate accrediting entity accepted by the board.

Act-cited as the Louisiana Geoscience Practice Act.

Address of Record-in the case of a person licensed or certified by the board, the address which is filed by the licensee or certificant with the board.

APA-the Administrative Procedure Act.

Application-the forms, information, attachments, and fees necessary to obtain a license as a professional geoscientist or a certification as a geoscientist-in-training.

Certificate-the credential granted by the board signifying the holder has met the requirements as set out in the Act and this Chapter and is qualified to be a geoscientist-in-training.

Certification, Certified, Certificant or Certificate Holder-the recognition granted by the board and its issuance of a Credential to any individual seeking such recognition as geoscientist-in-training, who has been successfully examined and is otherwise in good standing with the board.

Cheating-attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception.

Complainant-any person, staff member, or member of the board who, after becoming aware of information that may indicate a violation, has filed a sworn, written complaint with the board against any person whose activities are subject to the jurisdiction of the board.

Complaint-an allegation or allegations of wrongful activity related to the practice or offering of geoscience services in Louisiana.

Contested Case or Proceeding-a proceeding in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.

Continuing Education Program (CEP)-the types of credit hours acceptable to qualify for meeting the continuing education requirements for license renewal. The types are:

a. professional development hour (PDH)-a contact hour (clock hour) of CEP activity. The PDH is the basic unit for CEP reporting. One hour equals one PDH;

b. accredited continuing education unit (ACEU)- unit of credit customarily used for ACEU. One ACEU equals 10 hours (10 PDH) of class in the accredited continuing education course;

c. college semester hour (CSH)/college quarter hour (CQH)-credit for a college course in a discipline of geoscience or other related technical elective of the discipline. One CSH equals 15 hours (15 PDH) of class in a college semester course. One CQH equals 10 hours (10 PDH) of class in a college quarter course;

d. continuing education course/activity (CECA)- any qualifying course/activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license holder's field of practice. One CECA hour equals one PDH.

Credential-the endorsed document of legal authority issued by the board showing that a license or certificate has been granted by the board. A credential is not valid unless it is accompanied by a registration card issued by the board which shows the expiration date of the license or certificate.

Direct Supervision-critical watching, evaluating, and directing of geoscience activities with the authority to review, enforce, and control compliance with all geoscience criteria, specifications, and procedures as the work progresses. Direct supervision will consist of an acceptable combination of:

a. exertion of significant control over the geoscience work;

b. regular personal presence;

c. reasonable geographic proximity to the location of the performance of the work; and

d. an acceptable employment relationship with the supervised persons.

Discipline-a branch of instruction or learning focused on a field of specialty training. In this instance involving courses of study centered primarily on geology, but including one or more of the many sub-disciplines of the geologic sciences.

Electronic Signature-the method of affirming the accuracy of the information submitted in the online application procedure for licensure as a professional geoscientist or certification as a geoscientist-in-training.

Executive Secretary-the executive secretary of the board.

Filed Date-the date that the application is first submitted online or that documents have otherwise been received by the board either by date stamp if hand-delivered or by postmark date if the document has been mailed to the board.

Geology-

a. the founding discipline of the geosciences that encompasses the study of the origin, composition, structure, and history of the earth. See geoscience under R.S. 37:711.2 for descriptive detail;

b. there are many specialized sub-disciplines of geology, which include, but are not limited to the following: historical geology, physical geology, economic geology, mineralogy, paleontology, structural geology, mining geology, petroleum geology, geochemistry, geophysics, hydrogeology, petrography, petrology, volcanology, stratigraphic geology, engineering geology, and environmental geology.

Geoscience-the application of professional judgment in the integration of all subdivisions of the discipline of geology necessary for the safe economic development of projects where the recognition, understanding and utilization of geologic agents, forces, and processes are required for the benefit of the public. Clarified from definition under R.S. 37:711.2.

License-the credential granted by the board signifying the holder has met the requirements as set out in the Act and is qualified to actively perform the practice of geoscience.

Membership-the board or committee members present and constituting a quorum at an official business meeting.

Party-a person admitted to participate in a case before the board.

Practice for the Public-the action of providing professional geoscience services to the public.

Professional Geoscience-a professional service which may include consultation, investigation, evaluation, planning, designing, or direct supervision of construction, in connection with any public or private projects wherein the public welfare, or the safeguarding of life, health, and property is concerned or involved, when such professional service requires the application of geoscience principles and the interpretation of geoscience data.

Professional Geoscience Services or Professional Geoscientific Services-those services which must be performed by or under the direct supervision of a professional geoscientist and which meet the definition of the practice of geoscience as defined in R.S. 37:711.2.

Professional Geoscientist or P.G.-a person who holds a license issued by the board.

Qualifying Work Experience-a detailed description of specific geoscientific activities performed by an applicant in the course of performing his duties as a geoscientist in the practice of geoscience, including consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work and/or the responsible supervision of those tasks.

Quorum-a simple majority of members required to be present at a meeting to be able to officially conduct business.

Reference-an individual attesting to the character and/or validating the required work experience of an applicant. The term is often used synonymously with the term "sponsor".

Reference Response-the documentation attesting to the character and/or validating the required work experience of an applicant. The term is often used synonymously with the term "letter of reference".

Registration Card-a card issued on an annual renewal basis that validates the license credential as active for the purpose of conducting the practice of geoscience in the state of Louisiana.

Rule-any board statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the board and is filed with the Office of the State Register.

Sanction-a penalty imposed in a disciplinary process. An imposed disciplinary action is a sanction.

Sponsor-an individual attesting to the character and/or validating the required work experience of an applicant. The term is often used synonymously with the term "reference".

The Public-any individual(s), client(s), business or public entities whose normal course of life might reasonably include an interaction of any sort with or be impacted by geoscientific work.

La. Admin. Code tit. 46, § LXII-101

Promulgated by the Office of the Governor, Board of Professional Geoscientists, LR 412340 (11/1/2015).
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:711.8(C)(1) and R.S. 37:711.2.